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SMITH v. NEW YORK CITY HOUSING AUTHORITY

2009-05073.

71 A.D.3d 985 (2010)

897 N.Y.S.2d 232

WILLIE SMITH et al., Respondents, v. NEW YORK CITY HOUSING AUTHORITY, Appellant, and BOVIS LEND LEASE, INC., et al., Respondents.

Appellate Division of the Supreme Court of New York, Second Department.

Decided March 23, 2010.

Ordered that the order is modified, on the law, (1) by deleting the provision thereof denying that branch of the appellant's cross motion which was for summary judgment dismissing the cause of action alleging violations of Labor Law § 241 (6) insofar as asserted against it and substituting therefor a provision granting that branch of the cross motion, and (2) by adding the words "as academic" following the words "The branch of NYCHA's cross motion for summary judgment...

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